Redditch Railway Station, Compulsory Purchase Order

WORCESTERSHIRE COUNTY COUNCIL

PUBLIC NOTICE

Form of Notice of Confirmation by an Acquiring Authority of a Compulsory Purchase Order The Worcestershire County Council Redditch Railway Station Compulsory Purchase Order 2023 The Town and Country Planning Act 1990 The Local Government (Miscellaneous Provisions) Act 1976

The Acquisition of Land Act 1981

1. Notice is hereby given that the Worcestershire County Council in exercise of the powers of the confirming authority under the above Acts on 18th January 2024 confirmed The Worcestershire County Council Redditch Railway Station Compulsory Purchase Order 2023 made by it. No objections to the order were received within the permitted period and consequently notification was given by the Secretary of State for Levelling Up, Housing and Communities that the power to confirm the order may be exercised by the acquiring authority in accordance with section 14A of the Acquisition of Land Act 1981.

2. The order as confirmed provides for the purchase for the purposes of facilitating the carrying out of development, redevelopment or improvement on or in relation to the said land, being the provision of a new railway station at Redditch, Worcestershire of the land and new rights described in Schedule 1 hereto.

3 A copy of the order as confirmed by the Worcestershire County Council and of the map referred to therein have been deposited at County Hall, Spetchley Road, Worcester, WR5 2NP and at Redditch Library, 15 Market Place, Redditch B98 8AR and also at Redditch Borough Council Offices, Walter Stranz Square, Redditch B98 8AH and may be inspected at all reasonable hours. The copy items aforementioned may be viewed at the following website: https://www.worcestershire.gov.uk/council-services/planning-and-developments/major-infrastructure-improvements/bus-and-rail/redditch

4. The order as confirmed becomes operative on the date on which this notice is first published. A person aggrieved by the order may, by application to the High Court within 6 weeks from that date, challenge its validity under section 23 of the Acquisition of Land Act 1981. The grounds for challenge can be that the authorisation granted by the order is not empowered to be granted or that there has been a failure to comply with any relevant statutory requirement relating to the order.

5. Once the order has become operative, Worcestershire County Council may acquire any of the land described in Schedule 1 below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effect of Parts II and III of that Act is set out in Schedule 2 below.

6. Every person who, if a general vesting declaration were executed under section 4 of that Act in respect of the land comprised in the order (other than land in respect of which notice to treat has been given) would be entitled to claim compensation in respect of any such land is invited to give information to Worcestershire County Council at County Hall, Spetchley Road, Worcester WR5 2NP (reference L&G/ TMC/266/3010) about the person's name, address and interest in land, using a prescribed form. The relevant prescribed form is set out in Schedule 3 below.

SCHEDULE 1

LAND AND THE NEW RIGHTS COMPRISED IN THE ORDER AS CONFIRMED

All interests in 301 square metres of commercial land located on the northwest side of Unicorn Hill, Redditch, Worcestershire (shown coloured pink and marked as Plot 1 on the map referred to in the order) The right to enter (with or without vehicles, plant and equipment) upon 49 square metres of commercial land located on the northwest side of Unicorn Hill, Redditch, Worcestershire (shown coloured blue and marked as Plot 1a on the map referred to in the order) for all purposes in connection with the construction of a new railway station.

SCHEDULE 2

FORM OF STATEMENT OF EFFECT OF PARTS II AND III OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration:

1. Once the Worcestershire County Council Redditch Railway Station Compulsory Purchase Order 2023 has become operative Worcestershire County Council (hereinafter called "the Acquiring Authority") may acquire any of the land described in Schedule 1 above by making a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act").This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in the Acquiring Authority at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration:

2. As soon as may be after the Acquiring Authority execute a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the confirmation notice. When the service of notices of the general vesting declaration is completed, a period specified in the declaration of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in the Acquiring Authority together with the right to enter on the land and take possession of it. Every person on whom the Acquiring Authority could have served a notice to treat in respect of his interest in the land (other than a tenant in respect of one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

3. The "vesting date" for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.

Modifications with respect to certain tenancies:

4. In case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or "a long tenancy which is about to expire". The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate is available to either party, it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that the Acquiring Authority may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than three months from service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.

SCHEDULE 3

FORM FOR GIVING INFORMATION

The Worcestershire County Council Redditch Railway Station Compulsory Purchase Order 2023 To: Worcestershire County Council [I] [We] being a [person] [persons] who, if a general vesting declaration were made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the compulsory purchase order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, give you the following information, pursuant to the provisions of section 15 of, or paragraph 6 of Schedule 1, to the Acquisition of Land Act 1981 Act. 1. Name and address of informant(s) (i)....................................

2. Land in which an interest is held by informant(s) (ii)......

3. Nature of interest (iii).....................................................................

[on behalf of].......................................................................................

Date.........................................................................................................

(i) In the case of a joint interest insert the names and addresses of all the informants.

(ii) The land should be described concisely.

(iii) If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other incumbrance, details should be given, e.g. name of building society and roll number.

TOM POLLOCK, Head of Commercial Law, Legal and Governance, Worcestershire County Council

Dated: 21st February 2024

www.worcestershire.gov.uk